Religion
Related: About this forumBill would shield churches from performing same-sex marriages
By Hannah Madans
hmadans@sacbee.com
Published: Monday, Jun. 25, 2012 - 12:00 am
Supporters of Proposition 8, the 2008 initiative that banned same-sex marriage, said they were concerned that churches would be forced to perform the ceremonies or face losing their nonprofit status.
So far, courts reviewing the measure which since was overturned in February have not latched on to that argument. Now, one of the Legislature's most ardent same-sex marriage backers is trying to make it a moot point.
A bill making its way through the Legislature would protect churches' nonprofit status if clergy members refuse to perform gay marriages. Senate Bill 1140 by Sen. Mark Leno, D-San Francisco, also states that marriage is a civil contract, not a religious one.
"Whether or not one believes that all Californians should have equal marriage rights or should be treated equally under the law, I think we can all agree that protecting religious freedom is important," Leno said.
http://www.sacbee.com/2012/06/25/4585992/bill-would-shield-churches-for.html
LeftishBrit
(41,208 posts)Nor should they be, of course.
E.g. my friend wanted to get married in the chapel at the university where she she studied as a postgraduate. They refused, because she hadn't been there for over 5 years. She accepted this, and had her wedding elsewhere. End of story.
rug
(82,333 posts)For example, if a church accepts federal funds, say for running a shelter in the basement, then it may be liable in a lawsuit if it does not rent out the church hall, or even the church itself, for a ame sex marriage.
Interestingly, this is similar to what's going on with the HHS reproductive rights rule.
Humanist_Activist
(7,670 posts)I don't see a negative there, and they shouldn't be offered such funding to begin with.
rug
(82,333 posts)What's your measure?
daaron
(763 posts)Most of the government funding requiring compliance with anti-discrimination laws goes to clinics, community services, and the like - broadly already areas that the gov't funds. The gov't doesn't fund church ceremonies, including weddings.
So there's no possible way the law could be interpreted to read that churches are required to perform same-sex marriages - only that civil authorities would have to recognize the marriage, regardless of who performed the wedding ceremony (secular or not).
This is just hand-holding for the hand-wringers in CA who want to continue being bigots in their churches. Fine. Go be a bigot - it's no skin off society's teeth, since the law already has no effect on church bigotry. (Bigotry is, after all, protected by the 1st Amendment.)
rug
(82,333 posts)daaron
(763 posts)Humanist_Activist
(7,670 posts)yes, some local and state governments give the Boy Scouts freebies(use of public facilities, for example, for free or a nominal fee), but this free ride for Boy Scouts is decreasing.
Those governments that still give the Boy Scouts this indirect funding/free ride should stop.
rug
(82,333 posts)Humanist_Activist
(7,670 posts)and the article you linked to says that as well.
Humanist_Activist
(7,670 posts)Discriminate.
Humanist_Activist
(7,670 posts)not necessarily forcing them to abide by non-discrimination laws.
But again, this has nothing to do with churches, which are explicitly exempt from following such laws.
JDPriestly
(57,936 posts)Of course, legalizing same sex marriages means they will be recognized by the state law and can be performed by government authorities. It means the government has to issue licenses if otherwise appropriate. That's all it means.
Haven't these people read the First Amendment. Haven't they heard about the separation of church and state.
Again, marriage has two meanings, one secular and one religious. When you marry in a church, the pastor has you fill out certain forms that satisfy secular authorities and blesses you -- which is the religious part of the ceremony. They are actually two functions administered by the person usually a pastor or priest who marries you.
Surely there is a pastor or priest on DU who can explain this process.
rug
(82,333 posts)jmowreader
(50,560 posts)In Germany, at least when I was there, churches weren't allowed to perform legal wedding ceremonies. All LEGAL wedding ceremonies, that is to say the kind that make you a married couple in the eyes of the state, had to be performed by judges. You could then go to a church and get married in the eyes of God, if that was your prerogative. The same thing would work in the US.
chollybocker
(3,687 posts)or face losing their nonprofit status."
Churches would NOT be forced to perform any ceremony that contravenes their particular dogma.
Churches would NOT lose their non-profit status despite their unwillingness to adhere to laws regarding non-discrimination.
"Church-22."
AlbertCat
(17,505 posts)No one's forcing churches to do anything....
except maybe decide which is more important, money or dogma.
It's a decision.
Skittles
(153,169 posts)let's just fucking say it
rug
(82,333 posts)friggin' AWESOME!!!
Skittles
(153,169 posts)yes INDEED
Lionessa
(3,894 posts)Not all Dems know when to NOT be compassionate to the BS of wingers/religions/bellyachers, I doubt all gays do either. It is one of the unfortunate side effects of not being a hater. In my opinion, this is one of those times. No additional protection should be offered. IF it were to turn out that refusing to marry gays causes a loss of non-profit status, then so be it, why should any entity be protected against paying taxes when they are so discriminatory?
'Course, I don't think churches should not be non-profits at all, but that's another discussion.
rug
(82,333 posts)I doubt "he is supporting the "rights" of others' to remain homophobic."
Lionessa
(3,894 posts)remain so without consequence, even though I don't believe any church has ever been held such a consequence.
Warren Stupidity
(48,181 posts)The public and private sector, not so much. Religious institutions have a huge carve out due to the first amendment exempting them from most regulation, so they can be intolerant despite laws to the contrary governing other private sector institutions. Where religious institutions operate commercial enterprises, regulation step back in.
rug
(82,333 posts)You have a cynical view of his motivations without any evidence to support your cynicism.
Warren Stupidity
(48,181 posts)It might even make good political sense as it takes a false issue away. Your denial of the obvious in this thread is not unexpected.
rug
(82,333 posts)Given the choice, I trust Leno's motives more than yours.
trotsky
(49,533 posts)And even if they imagine themselves as progressive Democrats, they will fight against progressive goals if it might impact their church institution in any way.
rug
(82,333 posts)trotsky
(49,533 posts)skepticscott
(13,029 posts)that no gay couple is ever going to want to have their marriage blessed in a church that hates the idea of same-sex marriage and that has to be compelled to perform it. But I guess that shouldn't get in the way of still more political pandering to the nutbag Christians in their districts.
rug
(82,333 posts)Warren Stupidity
(48,181 posts)As there is no real possibility without this law that any church would be forced to perform any ceremony including a marriage ceremony, due to something called the establishment clause, the motivation for this law appears to be to sooth the irrational anxiety of the religious homophobes, that would be exactly a form of pandering.
ejpoeta
(8,933 posts)will marry you in their church. at least that was the case when my sis got married 25 years ago in a catholic church. They don't just marry anyone off the street. Not sure how it is now, I got married by a judge and would never consider having anything to do with a church. I am just saying. I have never known a church to have to perform weddings for non members. As to renting a hall.... if they don't want money.... Around here we have fire halls.... people use them for their stuff.
rug
(82,333 posts)safeinOhio
(32,688 posts)for liberal churches.
struggle4progress
(118,295 posts)churches in the US being forced to wed any couples contrary to the churches' doctrines
Politically, it represents an effort to undermine a "concern" used by the wingnuts for propaganda purposes
rug
(82,333 posts)struggle4progress
(118,295 posts)cbayer
(146,218 posts)struggle4progress
(118,295 posts)cbayer
(146,218 posts)There are plenty of churches in CA that welcome GLBT people and same sex marriages.
I always assumed that no church would be forced to do this, but I also assumed no couple would want to go to one that didn't.
BTW, there are lots of hospitals that receive federal funds that refuse to provide abortion or even contraceptive services.
rug
(82,333 posts)The consequence of that is that religion has nothing to do with it. Therefore, they can not be sued for discrimination if they do not. Read the committee's analysis and see who's for it and who's against it.